CRIMINAL MISC. BAIL APPL No. 1234 of 2011 · Rajasthan High Court

HON'BLE MR. MAHESH BHAGWATI,J. Mr. Rajesh Goswami, for the petitioners. Mr. GS Rathore, PP for the State. *** This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Rajesh Goswami, Advocate on behalf of the applicants pertaining to F.I.R. No. 195/2008 of police station Reni, District Alwar, registered for the offences under Section 143, 454, 392 and 427 of IPC.

Heard the learned counsel for the petitioners as also learned Public Prosecutor for the State and perused the material on record.

Learned counsel for the petitioners canvassed that they have been falsely embroiled in the instant case whereas they are in no way connected with the commission of the alleged offences. The fact is that a crowd assembled and stole the articles lying inside the liquor shop and the petitioners have been named on account of political rivalry. The police, after completion of investigation, has filed the charge-sheet against them and they have been in custody since 6th February, 2011. The case has been pending trial, which is likely to take time, hence, the petitioners may be granted indulgence of bail. -2-

Learned Public Prosecutor appearing for the State, in contra, has vehemently opposed the bail petition on the ground that one candidate of community lost the election with the result, the petitioners, just, with a view to wreak vengeance, broke down the lock of liquor shop, committed house tress pass and robbed Rs.1,42,000/- cash and liquor worth Rs.3.25 lacs. It is not the only case but the unruly mob like the petitioners in this very manner committed three crimes and three cases were registered against many accused persons. The learned Additional Sessions Judge, Rajgarh, Alwar has observed in the bail order that such miscreants cannot be permitted to be unruly and disturb the law and order and the peace of the citizens, hence, the petitioners in view of these facts and circumstances do not deserve to be granted indulgence of bail.

Having considered the submissions made at the bar and carefully perused the relevant material on record, I, without expressing any opinion on the merits of the case, but keeping in view the facts and circumstances of the case, do not feel inclined to grant bail and their bail petition deserves to be dismissed.

In the result, the bail petition filed on behalf of the petitioners under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J.